TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Keys For Learning (“KFL”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
Keys For Learning agrees to provide Programme, “The Behaviour Academy” (herein referred to as “Programme”) identified in online commerce shopping cart. As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Programme, KFL shall provide the following to Client:
A Password Protected Programme Area: KFL shall maintain a Programme Area that will include video, audio and written lessons, templates, worksheets, checklists, and other training and support information. You shall have access to this Programme Area for as long as the Programme Area exists, however no less than 120 days. In the event that KFL intends to close the Programme Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Programme Area, which is what is referred to as “Lifetime Access” in our marketing materials.
Program Participant Facebook Group: KFL shall create and maintain a closed Facebook group for students of the Programme (“the Programme Facebook Group”). The Programme Facebook Group shall be open for a period of 12 weeks throughout the programme. This is a community run group, meaning that students are encouraged to support each other. At the completion of your 12 weeks of access to the Program Facebook Group, KFL shall archive the group allowing the client access to the 12 weeks of content, however, no further posts will be possible.
From time to time, KFL will offer bonuses to individuals who sign up for the Programme. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Client understands Gemma Gilmour (herein referred to as “Consultant”), is a Board Certified Assistant Behaviour Analyst and is not an employee, agent, doctor, registered dietician, speech & language therapist, psychologist, councillor or psychotherapist. Client understands that Consultant has not promised individual coaching. This a is a Group Coaching programme. Client understands that a relationship does not exist between the parties after the conclusion of this programme. If the Parties wish to continue their relationship, they shall execute a separate agreement.
In consideration of Your access to the Programme, you agree to pay the following fees.
You may choose between a single payment of £697 (due immediately) or 3 monthly payments of £267. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of £801. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Programme’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, KFL may immediately suspend your access to the Programme.
METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorise KFL to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your programme access may be removed.
If you do not request a refund within the terms of the programme with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
KFL wants you to be satisfied with your investment, but we also want you to give your best effort to apply all of the strategies in the course. KFL provides a 14-day money-back guarantee for the Programme. That money-back guarantee is governed by the following terms.
In order to qualify for a refund you must submit in writing your reasons for a refund, within 14 days of the first module being released, to; Gemma at [email protected]
We will NOT provide refunds for any request that comes more than 14 days following the release of the first module. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the programme regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request in writing a refund within 14 days, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, KFL will promptly issue an instruction to its payment processor to issue the refund. KFL does not control its payment processor and will not be able to expedite any refunds.
If you have any questions, please let us know by contacting Gemma Gilmour: [email protected]
KFL respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the KFL’s confidential information.
Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains KFL’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than KFL, it’s owners and other Programme participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Programme, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the KFL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Programme content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Programme.
The Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of KFL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KFL or our licensors except as expressly authorised herein.
You hereby agree that any infringement of the KFL’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Programme will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. KFL is agreeing only to provide Client with access to the Programme, which provides education and information. The information contained in the Programme, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice specific to You or the person you are working with.
Should you want specific professional advice for You or a person you are working with then a separate agreement, for an additional fee, will be required. As per the code of ethics of the Behavior Analyst Certification Board;
“3.01 Behavior-Analytic Assessment.
(a) Behavior analysts conduct current assessments prior to making recommendations or developing
behavior-change programs. The type of assessment used is determined by client’s needs and consent,
environmental parameters, and other contextual variables. When behavior analysts are developing a behavior-reduction program, they must first conduct a functional assessment
4.03 Individualized Behavior-Change Programs.
Please contact Gemma Gilmour if you would like to discuss one to one coaching
KFL shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of KFL including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You agree to absolve and do hereby absolve KFL of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme and/or any information and resources contained in the Programme. You agree that KFL shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme.
The information, software, products, and service included or available through the Programme may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme. KFL and/or its suppliers may make improvements and/or changes in the Programme at any time.
KFL and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programme for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. KFL and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall KFL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, arising out of or in any way connected with the use or performance of the Programme, with the delay or inability to use the Programme or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if KFL or any of its suppliers has been advised of the possibility of damages. Because some countries or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Programme or any portion of it, your sole and exclusive remedy is to discontinue using the Programme.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, KFL or any of its programmes, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of KFL.
KFL may modify terms of this agreement at any time. All modifications shall be posted on the KFL website and purchasers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, if You become disruptive to KFL or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless KFL, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable lawyers fees) relating to or arising out of your use of or inability to use the Programme and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KFL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KFL in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Programme.
Every effort has been made to accurately represent this Programme and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
There is no guarantee that you will get positive results using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of results. Results are entirely dependent on the person using the programme, ideas and techniques.
Any claims made of actual results from past clients can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the programme, ideas and techniques mentioned, your knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of potential results. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to others, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
If you require further clarification, please contact [email protected]
© Keys For learning
Last Updated: February, 2021